Agenda 02/24/2009 Agenda Index
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
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AGENDA
February 24, 2009
9:00 AM
Donna Fiala, Bee Chairman Commissioner, District 1; CRAB Chairman
Fred W. Coyle, BCC Vice- Chairman Commissioner, District 4
Jim Coletta, BCC Commissioner, District 5; CRAB Vice-Chairman
Frank Halas, BCC Commissioner, District 2
Tom Henning, BCC Commissioner, District 3
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO
SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE
PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL
RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24,
REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS),
REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS
DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE
SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS
PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF
THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY
AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO
PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112.
(239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
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1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Father Tim Navin, San Marco Catholic Church
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure
provided by Commission members for consent and summary agenda.)
B. January 27, 2009 - BCCIRegular Meeting
C. January 30, 2009 Value Adjustment Board Hearing with Special Magistrate Mark Pelletier
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
4. PROCLAMATIONS
A. Proclamation designating March 1, 2009 as World Friendship Day. To be accepted by Liz Lloyd
and Darrell Anderson, FFSWFL Club Members.
5. PRESENTATIONS
A. Presentation of a Donation in the amount of $1,000.00 from the Disabled Veterans Foundation
to the Collier County Veterans Council (to be presented by Bobby Brooks, Operations Manager
for Disabled Veterans Foundation; to be accepted by Jim Elson, President of the Collier County
Veterans Council).
B. Presentation by Wright Construction Group on the construction status of the new Sheriff's
Fleet Maintenance Facility.
C. This item to be heard at 1 :00 p.m. Presentation by Lampl Herbert Consultants, Inc. on behalf of
Miami-Dade Aviation and Parks and Recreation on the Training and Transition (TNT) Airport
Lands for potential Off-Highway Vehicle (OHV) use.
6. PUBLIC PETITIONS
A. Public petition request by Jennifer Bermudez to discuss a fence variation matter.
B. Public petition request by William Poteet to discuss sound invasion on east side of 1-75
between Golden Gate Parkway and Pine Ridge Road.
C. Public petition request by Michael Conway to discuss cost of unwarranted calls to Sheriff
Department, Code Enforcement, Animal Control and Waste Management.
D. Public petition request by Joanie Griffin to discuss a permitting issue at Joanies Blue Crab
Cafe.
E. Public petition request by Francia Stevens to discuss The Gabriel Project.
Item 7 and 8 to be heard no sooner than 1 :00 p.m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
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8. ADVERTISED PUBLIC HEARINGS
A. This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members: PUDZ-A-2006-AR-10325: Wynn Properties, Inc. and Carbone Properties
of Naples, Ltd Liability Co., represented by Robert J. Mulhere, AICP of RWA, Inc., and R. Bruce
Anderson, of Roetzel and Andress LPA, and Carbone Properties of Naples, LLC, represented
by R. Bruce Anderson, Esq., are requesting a rezone from Planned Unit Development (PUD) to
Commercial Planned Unit Development (CPUD) for the Sungate Center CPUD. The project
proposes a maximum of 83,000 square feet of commercial leasable floor area. The subject 10.0
acres are located on the northwest corner of the intersection of Green Boulevard and Collier
Boulevard (CR 951) in Section 15, Township 49 South, Range 26 East, Collier County, Florida
(CTS).
B. CPSP-2008-6: Petition Requesting that the Board of County Commissioners adopts an
Ordinance amending the Capital Improvement Element of the Collier County Growth
Management Plan, Ordinance 89-05, as amended, to approve their submittal to the Florida
Department of Community Affairs, to direct staff to initiate certain GMP amendments which
ensue from these amendments to the Capital Improvement Element, and to consider Collier
County Planning Commission policy recommendations.
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Clam Bay Advisory Committee.
B. Appointment of member to the Affordable Housing Advisory Committee.
C. Appointment of member to the Golden Gate Community Center Advisory Committee.
D. This item to be heard at 11 :30 a.m. Presentation by the Clerk of Courts to update the Board of
County Commissioners on the County Investment Portfolio.
10. COUNTY MANAGER'S REPORT
A. This item was continued from the January 13, 2009 BCC Meeting and the February 10, 2008
BCC Meeting and was further continued to the February 24, 2009 BCC Meeting. This item
requires that all participants be sworn in and ex parte disclosure be provided by Commission
members. Recommendation to deny the Alternative Impact Fee Appeal submitted by Tamiami
Square of Naples, LLC (Developer) and authorize the Chairman to execute a notice to the
Developer for the collection of the Collier County Water-Sewer District (CCWSD) Alternative
Impact Fee calculation of $120,904 for Building 300. (Tom Wides, Director Fiscal Operations,
Public Utilities)
B. This item to be heard at 10:30 a.m. Recommendation that the Board of County Commissioners
provide direction to the County Attorney and the County Manager, or his designee, related to
the option to change the requirements for the assessment of impact fees for changes of use in
existing buildings. (Amy Patterson, Impact Fee and Economic Development Manager, Business
Management and Budget Office, CDES)
C. This item continued from the February 10, 2009 BCC Meeting. Recommendation that the Board
of County Commissioners approves the Wetland Mitigation and Panther Habitat Unit Option
Agreement with the Barron Collier Companies and authorizes the Chairman to sign the
document. Project #60044. (Norman Feder, Transportation Services Administrator)
D. Recommendation to adopt the FY10 Budget Policy and to approve a resolution directing the
Sheriff, the Supervisor of Elections and the Clerk to provide their FY10 budget submittals by
May 1, 2009. (John Yon kosky, Office of Management and Budget Director)
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11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY ANDIOR COMMUNITY REDEVELOPMENT AGENCY
A. Recommendation to the Community Redevelopment Agency (CRA) to approve the 2008 annual
performance evaluation for the immokalee CRA Executive Director and authorize a 4.2 percent
cost of living adjustment.
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will
be taken by one motion without separate discussion of each item. If discussion is desired by a
member of the Board, that item(s) will be removed from the Consent Agenda and considered
separately.
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1. Recommendation to approve a resolution establishing the Horizon Study Oversight Committee
as provided for during the January 13, 2009 BCC public hearing.
2. Recommendation to approve final acceptance of the water and sewer utility facilities for Chase
Preserve of Lely Resort.
3. Request to increase the time frame associated with the contract to allow for the Van Buskirk,
Ryffel & Associates to provide the updating of the baseline parcel data reflecting the land use
changes approved from January 2007 through March 2009.
4. This item requires that ex parte disclosure be provided by Commission Members. Should a
hearing be held on this item, all participants are required to be sworn in. Recommendation to
approve for recording the final plat of Amador at Fiddlers Creek.
5. Recommendation to approve final acceptance of the water and sewer utility facilities for Falls
of Portofino.
6. To accept final and unconditional conveyance of the water utility facility for La Playa Beach
Resort.
7. Recommendation to approve final acceptance of the water and sewer utility facilities for
Cottesmore.
B. TRANSPORTATION SERVICES
1. Recommendation to award Bid #09-5180 for construction of Bayshore Drive and Thomasson
Drive Stormwater Improvements, Project No. 51134.1, to Kyle Construction, Inc. in the amount
of $59,153.20 plus a ten percent contingency, and to approve the necessary budget
amendment.
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2. Recommendation to approve the Program Management Plan (PMP) outlining the projects that
will be eligible for Federal Transit Administration 5316 & 5317 Program Grants.
3. Recommendation to approve Change Order No.1 to Professional Service Agreement No. 07-
4133 in the amount of $120,460.20 with PB America, Inc., for the design of Northbrooke Drive
improvements from northern terminus of the Bridge to Mill Creek Road and Valewood Drive
Extension from Immokalee Road to Autumn Oaks Lane, Project No. 60106.
4. Recommendation that the Board of County Commissioners review and approve an amendment
to the 2008 Transportation Disadvantage Service Plan (TDSP) to allow for joint meetings
between Collier and Lee County Local Coordinating Boards (LCB).
5. Resolution authorizing the Chairman of the Board of County Commissioners to execute a
Transportation Post Project Maintenance Agreement with the Florida Department of
Transportation (FDOT), for the maintenance of a pedestrian bridge and guardrail Safe to School
project on 20th Place SW between 50th Street SW and 50th Terrace SW.
C. PUBLIC UTILITIES
1. Recommendation to approve award of Request for Proposal Number 09-5151 Fixed Term
Instrumentation and Controls Engineering Services.
2. Recommendation to approve Amendment A01 to the existing Agreement No. ML070554
between the county and the South Florida Water Management District that will reduce the fiscal
year 2009 funding by $43,227, and to approve the associated budget amendment.
D. PUBLIC SERVICES
1. Recommendation for the Board of County Commissioners to adopt a Resolution to declare a
public purpose and to allow Collier County Parks and Recreation to create a Donation Fund for
the solicitation, receipt and expenditure of donations to Collier County Parks and Recreation to
benefit youths, adults and senior citizens.
2. Recommendation to award Bid No. 09-5166, East Naples Community Park Soccer Field, at a
cost of $529,364.63 to Professional Building Systems.
3. Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, ten (10) lien agreements for deferral of 100% of Collier County impact fees
for owner-occupied affordable housing dwelling units located in Collier County.
4. Present to the Board of County Commissioners a summary of the Impact Fee Deferral
Agreements recommended for approval in FY09, including the total number of Agreements
approved, the total dollar amount deferred and the balance remaining for additional deferrals in
FY09.
5. Recommendation that the Board of County Commissioners approves and authorizes the
Chairman to sign, seven (7) Developer lien agreements for deferral of 100% of Collier County
impact fees for owner-occupied affordable housing units located in Collier County.
6. Recommendation that the Board of County Commissioners recognize and approve the
expenditure of Housing and Urban Development (HUD) funds in the amount of $84,375.00 for
the Golden Gate Senior Meals Program which is administered by the Department of Housing
and Human Services (HHS). This program is an expansion to an existing HHS program which
provides nutritious meals to low-income seniors in Collier County.
7. Recommendation for the Board of County Commissioners to approve and authorize the
Chairman to sign an agreement between Collier County Board of County Commissioners and
the Physician Led Access Network (PLAN) in the amount of $50,000 to provide medical referral
services for low-income residents in Collier County.
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8. Recommendation for the Board Of County Commissioners to Award Request For Quotation
#09-PR-GGCP-WS Golden Gate Community Park Water Slide under Contract #06.3971 Annual
Contract for General Contractor Services, in the Amount of $296,971 to Professional Building
Systems for replacement of existing structure at Golden Gate Community Park Aquatic Center.
9. Recommendation that the Board of County Commissioners approve past expenses for non-
ethanol gasoline for County Parks and Marinas.
10. Recommendation for the Board of County Commissioners to waive the formal competitive
process and approve and authorize the Chairman to sign an agreement for $160,000 with the
Health Planning Council of Southwest Florida as a sole source provider for a health information
technology project in conjunction with the Physician Led Access Network (PLAN).
E. ADMINISTRATIVE SERVICES
1. Recommendation for the Board of County Commissioners to authorize the Chairman to sign a
Safe Harbor Agreement with the U.S. Fish and Wildlife Service for specialized management of
the Conservation Collier Nancy Payton Preserve.
2. Recommendation to approve an Agreement for Sale and Purchase with Edward J. Tauber and
Mary P. Tauber for 5.0 acres under the Conservation Collier Land Acquisition Program, at a
cost not to exceed $80,300.
3. Recommendation to approve an Agreement for Sale and Purchase with Juan Rey for 5.66 acres
under the Conservation Collier Land Acquisition Program, at a cost not to exceed $91,100.
4. Recommendation to approve an Agreement for Sale and Purchase with Julio C. Ponce for 1.14
acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed
$19,300.
5. Recommendation to approve an Agreement for Sale and Purchase with Orlando Pacheco for
2.27 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed
$37,900.
6. Recommendation that the Board of County Commissioners approves an Agreement to provide
a maximum expenditure of $28,746 from the GAC Land Trust Fund to the Big Corkscrew Island
Fire Control and Rescue District for the purchase of Fire Shelters and Equipment.
7. Recommendation to approve a change in wastewater treatment service for the Collier County
Government Complex from the City of Naples to the Collier County Water-Sewer District and to
approve the Interlocal Service Agreement and Accord and Satisfaction with the City of Naples
to supersede an existing 1977 Interlocal Agreement, as amended.
8. Recommendation to approve a Budget Amendment to the Freedom Memorial Fund (620) in the
amount of $70,000 in order to begin construction on the Collier County Freedom Memorial.
F. COUNTY MANAGER
1. Approve budget amendments.
2. Recommendation to adopt a resolution approving amendments (appropriating grants,
donations, contributions or insurance proceeds) to the Fiscal Year 2008-09 Adopted Budget.
3. Recommendation that the Board of County Commissioners Award Bid #09-5175 for Horticulture
Debris Hauling and Disposal to County Waste, Inc.
4. Recommendation to approve the Southwest Florida Consortium 2009 Legislative Priorities
which will be presented by participating County Commissioners to Legislative Delegation
members in Tallahassee throughout the 2009 Legislative Session.
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G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY
1. Recommendation for the CRA Board to reject the sole response received for Request for
Proposal (RFP) 08.5112 from Kaye Homes to construct, market and sell moderately priced
houses on CRA-owned land; and to approve the CRA staff to release a new RFP at a later date
through the Collier Purchasing Department.
2. Recommendation that the Board of County Commissioners approve a budget amendment in
the amount of $1,495,000.00 to recognize USDA grant revenue in the amount of $495,000.00 and
transfer $1,000,000.00 from Airport Authority Reserves to the project for the construction of a
20,000 square foot manufacturing facility at the Immokalee Regional Airport.
3. To approve and execute a Site Improvement Grant Agreement(s) between the Collier County
Community Redevelopment Agency (CRA) and a Grant Applicant(s) within the Bayshore
Gateway Triangle Community Redevelopment area (2255 Davis Boulevard).
4. To approve and execute Shoreline Stabilization Grant Agreement(s) between the Collier County
Community Redevelopment Agency and a Grant Applicant(s) within the Bayshore Gateway
Triangle Community Redevelopment area. (2772 Riverview Drive)
5. To approve and execute Shoreline Stabilization Grant Agreement(s) between the Collier County
Community Redevelopment Agency and a Grant Applicant(s) within the Bayshore Gateway
Triangle Community Redevelopment area. (2736 Riverview Drive)
6. Request that the Collier County Redevelopment Agency approve the application and recipient
agreement for the Immokalee Community Redevelopment Agency (CRA) Commercial Faade
Improvement Grant Program for reimbursement of $20,000 for B&B Cash Grocery Stores, Inc.
for improvement to the Handy Food Store #92 located at 401 South First Street in Immokalee,
Florida.
H. BOARD OF COUNTY COMMISSIONERS
1. Commissioner Fiala requests Board approval for reimbursement regarding attendance at a
function serving a Valid Public Purpose. Will attend the Fourth Annual Fashion Show and Silent
Auction on March 20, 2009 at The Club at the Strand in Naples, FL. $80.00 to be paid from
Commissioner Fiala's travel budget.
2. Commissioner Coletta requests Board approval for payment to attend a function serving a valid
public purpose. Commissioner Coletta attending the Italian American Society of South West
Florida Reverse Raffle and College Scholarship Fundraiser on February 22, 2009 at the Country
Club of Naples. $100 Donation benefits local students for college scholarships and admits two.
$50 to be paid from Commissioner Coletta's travel budget.
3. Commissioner Colella requests Board approval for payment to attend a function serving a valid
public purpose. Commissioner Coletta attended the Boy Scouts of America Southwest Florida
Council Executive Board (Member) Retreat in Fort Myers on January 24, 2009. $5 luncheon to
be paid from Commissioner Coletta's travel budget.
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1. To obtain Board approval for disbursements for the period of January 30, 2009 through
February 06, 2009 and for submission into the official records of the Board.
2. To obtain Board approval for disbursements for the period of February 7, 2009 through
February 13, 2009 and for submission into the official records of the Board.
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K. COUNTY ATTORNEY
1. Recommendation that the Board of County Commissioners ratify a purchase order increase
exceeding $50,000 for the Santa Barbara Boulevard Extension project (Project No. 60091) in
accordance with the Collier County Purchasing Policy (Fiscal Impact $50,000).
2. Recommendation that the Board of County Commissioners authorizes application for tax
deeds for thirty-two (32) County-held tax certificates and the forwarding of a written notice to
proceed with tax deed applications to the Tax Collector.
3. This item requires that ex parte disclosure be provided by Commission Members. Should a
hearing be held on this item, all participants are required to be sworn in. Recommendation to
approve Petition CU-2005-AR-8748, to allow a Conditional Use in the Rural Agricultural (A)
zoning district to excavate in excess of 4,000 cubic yards of earth for an aquaculture facility in
the Agricultural (A) zoning district, pursuant to Land Development Code subsection
2.03.01.A.l.a.2. The subject property, consisting of approximately 15.08 acres, is located at
2060 Tobias Street, in Section 22, Township 49 South, Range 27 East, Collier County, Florida.
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET
THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2)
UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING
COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3)
NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY
PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE
COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM.
FOR THOSE ITEMS, WHICH ARE QUASI-JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE
SWORN IN.
A. This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. VA-2008-AR-13756 Lee Wyatt, represented by Lauren Barber of Turrell
and Associates, is requesting a front yard setback Variance for principal structures in the
Mobile Home (MH) Zoning District from 25 feet to 16 feet, as required by Land Development
Code (LDC) Section 4.02.01, Setbacks for Base Zoning Districts, to permit a nine-foot setback;
and a site alteration Variance to impact mangroves, pursuant to LDC Subsection 9.04.02.B.1.
The approximately 0.14-acre subject property is located on Lot 77, Otter Avenue, in Plantation
Island, of Section 24, Township 53 South, Range 29 East Collier County, Florida. CTS
B. CPSP-2007-6: Petition requesting an amendment to the Potable Water Sub-Element of the
Public Facilities Element of the Growth Management Plan (GMP), to add reference in Policy 1.7
to the proposed Ten-Year Water Supply Facilities Work Plan; approve the 10-Year Water Supply
Facilities Work Plan as proposed; and direct staff to implement the CCPCs recommendations.
(Adoption hearing)
C. Recommendation that the Board of County Commissioners adopts an Ordinance amending
Ordinance No. 2002-27, as amended, which created the Pelican Bay Municipal Service Taxing
and Benefit Unit, by providing for waiver of mail ballot requirements in the event the number of
nominees for appointment to the Pelican Bay Services Division Board in a particular category
does not exceed the number of open positions for that category.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY
MANAGER'S OFFICE AT 252-8383.
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